Limited Warranty Disclaimer of Warranties. Licensor warrants that it has the legal right and title to grant the license rights under this Agreement to Licensee (“License Rights”). While the Licensor has tried to ensure that the Software Product is accurate and free from defect, it is provided “as is” without warranty of any other kind, except for a warranty breach for License Rights. Licensee and its affiliates assume the entire risk as to the results and performance of the Software Product. EXCEPT FOR LICENSE RIGHTS, TO THE EXTENT NOT RESTRICTED BY APPLICABLE LAWS, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO INSTITUTION ON ACCOUNT OF ITS USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF RESPONDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER, FROM INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SOFTWARE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Limited Warranty Disclaimer of Warranties. Limited Liability
8.1 EXCEPT AS EXPRESSLY PROVIDED HEREIN, MAJESCO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OF THE TITLE OR AS TO SERVICE TO EIDOS.
8.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED BY MAJESCO AND EIDOS.
8.3 REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, NEITHER EIDOS NOR MAJESCO WILL BE LIABLE TO THE OTHER, ITS AGENTS, LICENSEES AND/OR CUSTOMERS FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY IT, ITS AGENTS, LICENSEES, AND/OR CUSTOMERS OR OTHERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR ANY TITLE, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
8.4 SUBJECT ONLY AS PROVIDED BELOW, IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER IN CONNECTION WITH THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY TITLE, AND ANY MATERIALS PROVIDED) FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE TOTAL AMOUNT PAID OR DUE TO BE PAID BY EIDOS TO MAJESCO HEREUNDER. NOTWITHSTANDING THE PREVIOUS SENTENCE, EXCEPT AS PROVIDED IN SECTION 8.3, NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF A PARTY FOR ANY CLAIM FOR INDEMNIFICATION ARISING UNDER THIS AGREEMENT.
8.5 Each party acknowledges that the other has entered into this Agreement in reliance on the disclaimers of liability, the disclaimers of warranty and the limitations of liability set forth in this Agreement and that such terms form an essential basis of the understanding between the parties. Table of Contents
Limited Warranty Disclaimer of Warranties. The sole remedy available to Buyer with respect to defects in any Products sold by Seller will be against the manufacturer under any applicable manufacturer’s warranty to the extent available to Buyer. TO THE EXTENT THE MANUFACTURER WARRANTY IS NOT TRANSFERABLE TO BUYER, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE PRODUCTS, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
Limited Warranty Disclaimer of Warranties. In the case of goods sold by Seller with a separate written warranty, that warranty shall apply. Otherwise, the Seller warrants only that (i) goods shall be manufactured in accordance with Seller's specifications and (ii) services shall be performed as specified. THE WARRANTY REFERENCED OR PROVIDED ABOVE IS THE ONLY WARRANTY PROVIDED BY SELLER AND IS IN PLACE OF AND TO THE EXCLUSION OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. In no event shall Seller be responsible for goods manufactured by other parties; such goods shall carry only the warranty of the manufacturer.
Limited Warranty Disclaimer of Warranties. Subject to the limitations of Section 11, Service Provider warrants that it will perform the Services as described in the Agreement and will exercise all reasonable skill, care and due diligence in the performances of the Services and shall perform the Services in accordance with professional practice. To the extent assignable, Service Provider assigns to Customer any warranties that are made by manufacturers and suppliers of Materials. EXCEPT AS SPECIFIED ABOVE, MATERIALS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE warranties set forth in this section 10 AND, IF APPLICABLE, AS SET FORTH IN THE SLA (DEFINED BELOW), ARE the sole and exclusive warranties given by service provider with respect to the services and Materials and ARE in lieu of and exclude all other warranties, express or implied, arising by operation of law or otherwise, including without limitation, INFRINGEMENT, merchantability and fitness for a particular purpose whether or not the purpose or use has been disclosed to service provider in specifications, drawings or otherwise. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Service Provider’s), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Service Provider. To the extent that Customer or its agents have supplied specifications, information, representation of operating conditions or other data to Service Provider in the selection or design of the Services and/or Materials and the preparation of Service Provider’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void.
Limited Warranty Disclaimer of Warranties. In the case of Goods sold by Seller with a separate written warranty, that warranty shall apply. Otherwise, the Seller warrants only that Goods shall be manufactured in accordance with Seller’s specifications. THE WARRANTY REFERENCED OR PROVIDED ABOVE IS THE ONLY WARRANTY PROVIDED BY SELLER AND IS IN PLACE OF AND TO THE EXCLUSION OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. In no event shall Seller be responsible for goods manufactured by other parties; such Goods shall carry only the warranty of the manufacturer.
Limited Warranty Disclaimer of Warranties. 3.1 Licensor agrees to pass through to Licensee all warranties provided to Licensor by third parties relating to any third party software embedded in the Software or otherwise licensed or provided to Licensee by Licensor hereunder. Notwithstanding the foregoing, in the event Software contains any software code developed by third parties and licensed pursuant to either the GNU General Public License or the GNU Lesser General Public License such code is supplied without warranty of any kind.
Limited Warranty Disclaimer of Warranties. A. Company warrants that all Services will be performed in a workmanlike manner and in compliance with applicable laws and regulations.
B. Except as expressly stated in this Agreement, Company makes no warranty, express or implied, regarding the Services to be provided by Company, the Equipment, or the System(s), including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and Customer expressly waives all such warranties.
Limited Warranty Disclaimer of Warranties. Fulcrum represents that the mobileOne iOS Library, in the form originally purchased or downloaded by Licensee, will materially conform to the applicable accompanying documentation, and its media will be free from defects in the workmanship. However the mobileOne iOS Library is provided on an "AS IS" basis and Fulcrum shall in no event warrant the performance or results you may obtain by using the mobileOne iOS Library. Fulcrum declares that the mobileOne iOS Library shall have no bugs or other non-conformances. However if you find any defects in the mobileOne iOS Library or its documentation, Fulcrum’s liability is limited to correction of the defect within 30 (thirty) days of receiving written notice or, in case that this is not possible to correct the defect to refund the purchase price of the mobileOne iOS Library.
Limited Warranty Disclaimer of Warranties
